NILOFARNAZ NAZKATKHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By consent, Rule made returnable forthwith. Heard Shri Sohoni, the learned counsel for the petitioner, Smt. Deshpande, learned AGP for respondent Nos. 1, 2 and 4 and Shri Haq, the learned counsel for respondent No. 3.

(2.) The claim of the petitioner before the Caste Scrutiny Committee was to validate her caste certificate indicating that she belongs to Chappar Bandh - Vimukta Jati category. Heavy reliance was placed by the petitioner on the birth entry in the register for the month of February, 1938, maintained by the Municipal Council, Akot, in which the caste of the grand father of the petitioner was shown as Chappar Bandh. This document is rejected by the Committee relying upon the report of Police Vigilance Cell, indicating that the page of the register on which the entry appears is different. The page of the register containing the entry in question is indifferent, tampered and doubtful. The following reasons are stated in the report to disbelieve the said entry.

(3.) The custodian of the register from the office of the Collector, one Smt. Mankar was examined before the Committee of only two members and the Committee accordingly proceeded to decide the caste claim of the petitioner. At that time, the petitioner approached this Court by filling W. P. No. 3184/2011, in which the decision was rendered by this Court on 22-9-2011, as under :